Terms & Conditions
Membership & registration
You may need to be registered with us as a member of our community for you to access certain features of our website, mobile application or certain of our other products and services.
You must be 13 years of age or older to register as a member of our community. If you are under the age of 13 years, you may not register as a member.
If you are 13 or older but under the age of 18:
- you represent that you have reviewed these terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand them. If you are a parent or guardian permitting a person under the age of 18 (the ‘minor’) to create an account, you agree to (1) exercise supervision over the minor's use of our website or our mobile application and their membership of our community, (2) assume all risks associated with the Minor's use of our website or our mobile application and their membership of our community, including the transmission of content or information to and from third parties via the internet or mobile communications systems and networks, (3) ensure that the content and information that the minor may encounter on our website or our mobile application or through their membership of our community are suitable for them, (4) assume liabilities resulting from the minor's use of our website or our mobile application and their membership of our community, (5) ensure the accuracy and truthfulness of all information submitted by the minor, and (6) provide the consents contained in these terms on behalf of the minor; and
- we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these terms on your behalf, and, even if we don’t do this, we will assume that this is the case and will provide access to our website and you with membership to our community on this basis.
We may disclose that information to third parties that help us deliver our products and services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to our affiliated entities located in the United States, United Kingdom, Ireland, New Zealand and Singapore.
Accuracy, completeness & timeliness of information
The information on our website and/or our mobile application is not comprehensive and is intended to provide a summary of the subject matter covered. While we take reasonable steps to ensure the accuracy and completeness of the information on our website and our mobile application, to the extent permitted by law (including consumer laws), we make no warranty regarding any information on our website or our mobile application. You should monitor any changes to the information contained our website and/or our mobile application.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of our website, our mobile application or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website and/or our mobile application is free of viruses or anything else (such as ‘worms’ or ‘Trojan horses’) that may interfere with or damage the operations of your computer systems or mobile device.
We may, from time to time and without notice, change or add to our website and/or our mobile application (including these terms) or the information, products or services described in them. However, we do not undertake to keep the website updated or mobile application. We are not liable to you or anyone else if errors occur in the information on the website or mobile application or if that information is not up-to-date.
For certain campaigns, promotions or contests, additional terms may apply. If you want to participate in any such campaign, promotion or contest, you’ll need to agree to the relevant terms for that campaign, promotion or contest. Those relevant terms will prevail in the case of any inconsistency between them and these terms.
Exceptional South Africa Mech Promotion Terms (Game of Chance)
(A) General (1) This section sets out the terms on how to enter the Exceptional South Africa Merch Promotion (Promotion) and how to win a Prize (defined below) (ESA Promotion Terms). Participation in the Promotion is deemed acceptance of the ESA Promotion Terms. The Promotion is not valid in conjunction with any other offer. To the extent of any inconsistency between the ESA Promotion Terms and any other reference to this Promotion, the ESA Promotion Terms prevail. (2) The Promotion is a game of chance for a Prize that may be won by an Eligible Entrant who submits a winning Eligible Entry in accordance with the ESA Promotion Terms. (3) The promoter is Exceptional Alien Pty Ltd (ABN 79 633 569 678) of 563-565 Bourke Street, Surry Hills NSW 2010, Australia (Promoter or EA). (4) The Promotion will launch on 22 March 2023 (Commencement Date). A total of three (3) Prizes will be drawn on 12 April 2023 (Draw Date) from all Eligible Entrants for the relevant Prize identified by the Promoter as at 5.00pm (Sydney time) on 11 April 2023 (Closing Date). (B) Definitions (5) For the purposes of the ESA Promotion Terms (i) ‘A$’ is a reference to Australian dollars, (ii) ‘ANZ Prize’ means (a) a first drawn prize for residents of Australia and New Zealand only that includes all of the following items: one (1) bottle of Aslina Wine personally autographed by Ntsiki Biyela, one (1) 'Simply Zola' cookbook personally autographed by Zola Nene, one (1) Springbok jersey personally autographed by Tendai Mtawarira (aka ‘The Beast’), one (1) Exceptional ALIEN T-shirt personally autographed by Loyiso Gola, one (1) hat personally autographed by Kevin Richardson, one (1) Exceptional ALIEN tote bag and one (1) Exceptional ALIEN water bottle, and (b) a second drawn prize for residents of Australia and New Zealand only that includes all of the following items: one (1) bottle of Aslina Wine personally autographed by Ntsiki Biyela, one (1) 'Simply Zola' cookbook personally autographed by Zola Nene, one (1) Exceptional ALIEN T-shirt personally autographed by Kevin Richardson, one (1) Exceptional ALIEN tote bag personally signed by Tanika Hoffman, and one (1) Exceptional ALIEN water bottle, (iii) ‘Business Day’ means a day that is not Saturday, Sunday or a public holiday in Australia or New Zealand, (iv) ‘Immediate Family Member’ means, for a person, any of a spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin of that person, (v) ‘NZ$’ is a reference to New Zealand dollars, (v) ‘Prize’ means an ANZ Prize and the SA Prize, or any of them as the context admits, (vi) Promotional Period means the period commencing on the Commencement Date and ending on the Draw Date, (vii) ‘SA Prize’ means a third drawn prize for residents of South Africa only that includes all of the following: one (1) Exceptional ALIEN T-shirt personally autographed by Lungelihle Zwane (aka ‘Uncle Waffles’) and one (1) Exceptional ALIEN tote bag personally signed by Lungelihle Zwane, and (viii) ‘ZAR’ means South African rand. (C) Eligibility & entries (6) To be eligible to enter the draw to win a Prize under the Promotion, an entrant must, during the relevant Promotional Period (i) be a natural person (ie, not a company, business, trust or organisation of any description), (ii) be either (A) for an ANZ Prize, an Australian or New Zealand resident with an Australian or New Zealand postal address, or (B) for an SA Prize, a South African resident with a South African postal address (iii) be aged 18 years or over (iv) not be an employee of the Promoter or of any agency associated with this Promotion, or an Immediate Family Member of any such a person, and (v) be a ‘follower’ of the Promoter’s Instagram account (@exceptionalalien) and have downloaded and installed the Promoter’s ‘Exceptional Alien’ mobile application (each person that satisfies conditions (i) to (v), an Eligible Entrant). Only Eligible Entrants may enter the draw. (7) To make an entry in the draw to win a Prize under the Promotion, an Eligible Entrant must submit a comment on the posts announcing the Promotion made on the Promoter’s Instagram account (i) for an Australian Prize, on 22 March 2023 or 29 March 2023, or (ii) for an SA Prize, on 5 April 2023 and, in any case, tagging the Instagram accounts of at least one (1) other person in that comment (that has not already been identified and tagged by the Eligible Entrant in another entry in the draw made by them) (Eligible Entry). (8) An Eligible Entrant may make multiple Eligible Entries in the Promotion, provided that each such entry by the Eligible Entrant identifies and tags the Instagram accounts of at least one (1) person that has not already been identified and tagged by the Eligible Entrant. (9) There will be a total of three (3) Prizes available during the Promotional Period. (D) Draw (10) The Promoter will compile all Eligible Entries as soon as practicable following close of entries as at 5.00pm (Sydney time) on Closing Date. (11) The Promoter will draw one (1) relevant Eligible Entry for each Prize at random from all Eligible Entries submitted during the relevant Promotional Period, such that each Eligible Entry has an equal chance of winning a relevant Prize. (12) The draws will take place at the Promoter's offices at 563-565 Bourke Street, Surry Hills NSW 2010, Australia. (E) Winning (13) The Promotion is a game of chance. Skill plays no part in determining the winner. All valid entries have a fair and equal chance of winning. (14) Each Eligible Entrant who submitted an Eligible Entry during the Promotional Period that is drawn by the Promoter in a draw wins a Prize (each, a Winner). (15) Each Winner will be notified by direct message on Instagram by a representative of the Promoter within two (2) Business Days of being drawn as a Winner. The direct message will include information in relation to claiming the Prize and may request details for the purposes of delivering the Prize. At any time during communication with a Winner or an entrant (whether or not an Eligible Entrant), the Promoter may reasonably request further information from that person, including to verify the identity of the entrant, that the entrant is an Eligible Entrant and that the entrant has complied with the ESA Promotion Terms. (16) The Promoter will distribute the Prize to each Winner by mailing (by ordinary post or air-mail, as applicable) the Prize to the Winner's nominated postal address within 28 Business Days of the Draw Date. The Instagram account name of each Winner will be published on the Promoter’s Instagram account. (17) Incomplete, indecipherable or illegible entries will be deemed invalid. Entrants are responsible for ensuring that their own Instagram account is used in the course of making the Eligible Entry, and that any updated details of their Instagram account name are notified to the Promoter by resubmission of their entry before the Draw Date. The Promoter accepts no responsibility should a Winner or Second Chance Winner (if any, and as defined below) fail to receive a Prize due to a failure to notify the Promoter of the change to these details. (18) It is the responsibility of the Winner or Second Chance Winner (if any) to provide their correct personal information in order to receive their Prize. (19) The Promoter may, at any time, verify the validity of entries and entrants (whether Eligible Entries and Eligible Entrants, or not), and disqualify any entrant who does not comply with the ESA Promotion Terms, who tampers with the entry process, or who is not otherwise an Eligible Entrant. Errors or omissions may be accepted in the Promoter's absolute discretion. (20) The Promoter’s decisions in relation to the Promotion shall be final and the Promoter will not engage in any correspondence with respect to its decisions except as required by law. (F) Prize (20) The total prize pool (i) for the ANZ Prize is valued at not more than A$1,000 or NZ$1,000 (depending on the country in which each Winner is located), and (ii) for the SA Prize is valued at not more than ZAR10,000. (21) A Prize is not transferable or exchangeable. (22) Winners are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize. The Promoter accepts no responsibility for any tax implications that may arise from accepting a Prize.
Promotional support is available at email@example.com.
Our website and/or our mobile application may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights
Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in our website and our mobile application and in all of the material (including all text, graphics, logos, audio and software) made available on our website and our mobile application (our ‘content’).
Your use of our website and/or our mobile application and use of and access to any of our content does not grant or transfer any rights, title or interest to you in relation to our website, our mobile application or that content. However, we do grant you a licence to access our website and our mobile application and view our content on these terms and, where applicable, as expressly authorised by us and/or our third party licensors.
Any reproduction or redistribution of our website, our mobile application or our content is prohibited and may result in civil and criminal penalties. In addition, you must not copy any of our content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of our website, our mobile application, our content or any part of it is prohibited, except to the extent permitted by law.
No commercial use
Our website and our mobile application is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our content, software, products or services contained within our website or our mobile application. You may not use our website or our mobile application, or any of our content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website, applications, channels or other media platforms.
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
- any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
- using our website or our mobile application to defame or libel us, our employees or other individuals;
- uploading files that contain viruses that may cause damage to our property or the property of other individuals; or
- posting or transmitting to our website or our mobile application any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our website or to our mobile application, we have the right to take down this information at our sole discretion and without notice.
Warranties & disclaimers
To the maximum extent permitted by law, we make no warranties or representations about our website, our mobile application or our content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our website or our mobile application will be secure.
We reserve the right to restrict, suspend or terminate without notice your access to our website, our mobile application, any of our content, or any feature of our website and/or our mobile application at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
To the maximum extent permitted by law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website or of our mobile application, your membership of our community and/or our content and any other information or materials contained on our website or on our mobile application, or as a result of the inaccessibility of our website or of our mobile application and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date.
Jurisdiction & governing law
Your use of our website and/or of our mobile application, membership of our community and these terms are governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that place.
- 'we', ‘us’ or 'our' means Exceptional Alien Pty Ltd (ABN 79 633 569 678) and our affiliates; and
- ‘personal information’ includes information or an opinion about an individual that is reasonably identifiable.
Your personal information
We may collect the following types of personal information:
- mailing or street address;
- email address;
- telephone number and other contact details;
- age or date of birth;
- your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
- details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
- any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or our mobile application or online presence or through other websites or accounts from which you permit us to collect information;
- information you provide to us through customer surveys; or
- any other personal information that may be required in order to facilitate your dealings with us.
How do we collect personal information?
We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:
- register on our website or our mobile application;
- communicate with us through correspondence, chats, email, or when you share information with us from other social applications, services or websites;
- interact with our sites, services, content and advertising; or
- invest in our business or enquire as to a potential purchase in our business.
In addition, when you apply for a job or position with us we may collect certain information from you (including your name, contact details, working history and relevant records checks) from any recruitment consultant, your previous employers and others who may be able to provide information to us to assist in our decision on whether or not to make you an offer of employment or engage you under a contract. This policy does not apply to acts and practices in relation to employee records of our current and former employees, which are exempt from privacy laws.
Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
- to enable you to access and use our website and/or our mobile application and our other products and services;
- to operate, protect, improve and optimize our website and our mobile application, our other products and services, our business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
- to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
- to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
- to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
- to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
- to consider your employment application.
We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymized consumer insights so that we can better understand your preferences and interests, personalize your experience and enhance the products and services that you receive.
Do we use your personal information for direct marketing?
We and/or our carefully selected business partners may send you direct marketing communications and information about our products and services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with applicable laws (including spam and/or privacy laws). You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg, an unsubscribe link).
To whom do we disclose your personal information?
- our employees and affiliated entities;
- third party suppliers and service providers (including providers for the operation of our websites and our mobile applications and/or our business or in connection with providing our products and services to you);
- professional advisers, consultants and agents;
- payment systems operators (eg, merchants receiving card payments);
- our existing or potential agents, business partners or partners;
- our sponsors or promoters of any promotion or campaign that we conduct via our services;
- anyone to whom our assets or businesses (or any part of them) are assigned or transferred;
- specific third parties authorised by you to receive information held by us; and/or
- other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Disclosure of personal information outside Australia
We may disclose personal information outside of Australia to cloud providers and to our affiliated entities located in the United States, the United Kingdom, Ireland, New Zealand and Singapore.
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with any local privacy requirements. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with Australian privacy principles.
Using our website & cookies
We may collect personal information about you when you use and access our website and/or our mobile application. While we do not use browsing information to identify you personally, we may record certain information about your use of our website and/or our mobile application, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer or mobile device.
We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.
Accessing or correcting your personal information
You can access the personal information we hold about you by contacting us using the details below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
Making a complaint
If you think we have breached the applicable privacy laws, or you wish to make a complaint about the way we have handled your personal information, you can contact us care of the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
563-565 Bourke Street, Surry Hills NSW 2010, Australia
Effective 23 January 2023